» For 150 years, there was very little English
interference in the colonies
» Most colonies had their own government set up
by English settlers
˃ Usually three branches of government (executive, legislative, judicial)
» The English and the colonists were for the most
part thriving under these circumstances
» North American Theater of the Seven Years War
» Primarily a conflict between the British and the
French
» The conflict on our continent pitted the British
and their Native American allies against the
French and their Native American Allies
» The British victory gained much new land for
the British on the continent.
» Land gains were good for the economies of
Britain and the Colonies
» Britain had a large war debt that needed repaid
» If the colonies were benefitting from the results
of the war, should they not chip in to help pay
the debt?
» Should they not chip in to help pay the cost of
defending the colonies as well?
» Sugar Act – 1764
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Tax on imported goods to the colonies
Tax on TRADE
English thought it was reasonable
Colonists felt singled out
» Stamp Act – 1765
˃ Tax on printed materials in the colonies
˃ DIRECT tax on colonists
˃ Met with even more resistance
» Townshend Acts – beginning in 1767
˃ Various additional acts meant to levy additional taxes on colonists
˃ Extreme resistance and boycotting of British goods
˃ Led to the Boston Massacre - 1770
+ 5 dead, 6 injured
+ Anti-British propaganda and sentiment spread throughout the colonies
» Tea Act – 1773
˃ Effectively gave a monopoly to the
East India Co. on tea shipments into the
colonies
˃ Colonial merchants suffered
˃ Led to the Boston Tea Party - 1773
» Parliament responded in 1774 with the Coercive Acts, or
Intolerable Acts, which, among other provisions, ended
local self-government in Massachusetts
» Colonists responded by convening the First Continental
Congress
» Escalation between the two sides eventually led to the
Revolutionary War
» Second Continental Congress convened due to the need
for some association between the States in order to
defeat England
» Because of what had happened with England, colonists
feared creating a strong central government
» Result – Articles of Confederation
˃ Created a national legislature (Congress) where each state had one vote
˃ No executive or judicial branches
˃ Congress had power to:
+ Declare war
+ Borrow money
+ Make treaties with foreign nations
+ Work out trade agreements between States
˃ All other powers belonged to the individual States, INCLUDING THE POWER TO TAX
» War for Independence had brought a lot of
debt
» Under the Articles, Congress could not tax,
making it difficult to find money to pay off
the debt
» Additionally, the Articles provided no way of
enforcing decisions that Congress made
» The American Economy began to suffer,
making people realize that a revision of the
Articles
» 1787 – Constitutional Convention
» Virginia Plan
˃ Two house legislature
˃ Representation based upon population in each state
˃ Favored by states with LARGER populations
» New Jersey Plan
˃ One house legislature
˃ Representation equal for all states regardless of population
˃ Favored by states with SMALLER populations
» Connecticut Plan
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“The Great Compromise”
Two house legislature
House of Representatives based upon population
Senate representation equal for all states regardless of
population - 2 senators for each state
˃ Legislation must pass through both houses to become law
Govt. Under Articles of
Confederation
Govt. Under Constitution
» Loose alliance of
independent states
» 1 house legislature
» No executive or judicial
branches
» No ability for federal govt.
to tax
» States coin money
separately
» No inter-state trade
regulation
» Most power held by STATES
» National govt. representing
all citizens
» 2 house legislature
» Executive and judicial
branches included
» Congress has ability to tax
the people
» Only federal govt. can coin
money
» Federal govt. regulates
inter-state trade
» Power is SHARED
» Anti-Federalists – What is the most important
omission from this Constitution?
˃ Rebuttal?
» Federalists - Why is it better to more strongly tie
together the states under this Constitution?
˃ Rebuttal?
» Anti-Federalists – What is your biggest fear about
allowing a stronger national government?
˃ Rebuttal?
» Federalists – Why is the new plan for Congress better
than the old plan under the Articles?
˃ Rebuttal?
Anti-Federalists
Federalists
» Too much power
transferred from states to
national government
» States should be free to
pass legislation specific to
their situations
» No Bill of Rights
» “Necessary and proper”
clause could allow congress
to take more power
» Executive branch is too
powerful, we don’t want
too much power in the
hands of one person
» Power is needed in a
national government to
protect all of the states
» National government
prevents states from
creating factions
» Guaranteeing certain rights
could exclude certain other
rights
» Congress is representative
of the people and will
follow their will
» Checks and balances
prevent abuse of power
» Preamble
˃ Clearly sets the purpose of the new government
» Article 1
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Sets up the structure, powers, and processes of the Legislative Branch (Congress)
Bicameral legislature
Power to declare war, ratify treaties, coin money, etc…
“Necessary and Proper” clause
Also denies certain powers
» Article 2
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Sets up the structure, powers, and processes of the Executive Branch (President)
President executes the laws, does not make them
Many limits placed on Presidential power to prevent abuse
No precedent for this position
» Article 3
˃ Sets up the structure, powers, and processes of the Judicial Branch (Court system)
˃ Supreme Court interprets laws and actions based upon the Constitutionality
» Article 4
˃ Sets up standards of relationships between States
˃ States must honor acts and records of other States
˃ More strongly unites the States under one nation
» Article 5
˃ Sets up method for amending the Constitution
˃ Allows the Constitution to be a “living document” better able to adapt to the future
» Article 6
˃ Sets up the supremacy of federal law over State laws
˃ Labels the Constitution as the supreme law of the land above all others
» Article 7
˃ Requires 9 of 13 States to ratify in order to replace the Articles of Confederation